FORM BE-15 Claim for Exemption (REV1/2014) 2014 ANNUAL

FORM BE-15
Claim for Exemption (REV1/2014)
OMB No. 0608-0034: Approval Expires 2/29/2016
BE-15 Identification Number
2014 ANNUAL SURVEY OF FOREIGN DIRECT INVESTMENT
IN THE UNITED STATES
CLAIM FOR EXEMPTION FROM FILING FORM BE-15A, BE-15B, OR BE-15C
Name and address of U.S. business enterprise
Due date: May 31, 2015
1002
Electronic filing: Name of U.S. affiliate
0
www.bea.gov/efile
1010
c/o (care of)
0
Mail reports to: U.S. Department of Commerce
Bureau of Economic Analysis BE–49(A)
Washington, DC 20230
1003
Street or P.O. Box
0
1004
City
0998
0
State
Deliver reports to:
U.S. Department of Commerce
Bureau of Economic Analysis BE–49(A)
Shipping and Receiving Section, M100
1441 L Street, NW
Washington, DC 20005
1005
ZIP Code
OR
Or
0
Foreign Postal Code
Assistance: E-mail: be12/[email protected]
Telephone: (202) 606-5615
Copies of blank forms: www.bea.gov/fdi
Fax reports to: (202) 606–1905*
Include your BE–15 Identification Number with all requests.
Response Required
All persons who are contacted by BEA about reporting in this survey, either by sending them forms or by written inquiry, must respond pursuant to
Section 801.3 of 15 CFR pt. 801 and the survey instructions. They may respond by:
• filing the properly completed Form BE-15A, BE-15B, or BE-15C by May 31, 2015;
• completing and returning the Form BE-15 Claim for Exemption from Filing Form BE-15A, BE-15B, or BE-15C, by May 31, 2015;
• certifying in writing, by May 31, 2015, to the fact that the person had no direct investment within the purview of the reporting requirements of the BE-15 survey.
Mandatory Confidentiality Penalties
This survey is being conducted under the International Investment and Trade in Services Survey Act (P.L. 94–472, 90 Stat. 2059, 22 U.S.C.
3101–3108, as amended). The filing of reports is mandatory and the Act provides that your report to this Bureau is confidential. Whoever fails to
report may be subject to penalties. See page 4 for more details.
CONTACT INFORMATION
Provide information of person to consult about this report:
Name
0
1000
Street 1
Telephone Number
0
1001
1029
Street 2
0
1030
0
(—
0
(—
—
Fax Number
0999
City
0
State
—)
— — — - — — — —
Extension
0
— —) — — — - — — — —
E-mail Address
Zip
0
1028
1031
NOTE: BEA uses a Secure Messaging System to correspond with you via encrypted message to discuss questions relating to this form. We may use
your e-mail address for survey-related announcements and to inform you about secure messages. When communicating with BEA by e-mail, please do
not include any confidential business or personal information.
CERTIFICATION
The undersigned official certifies that this report has been prepared in accordance with the applicable instructions, is complete, and is substantially
accurate including estimates that may have been provided.
Signature of Authorized Official
Date
Telephone Number
0
0992
Name
Title
0
0990
—
(—
— —) — — — - — — — —
Fax Number
0
0991
0
0993
—)
— — — - — — — —
(—
Extension
0
WHICH SECTIONS TO COMPLETE?
Provide the name and address of U.S. business enterprise, the person to consult concerning questions about this report, and the certification on
page 1. Also, review the questions below to determine the additional information required.
I Were at least 10 percent of the voting rights in your business enterprise directly or indirectly owned by a foreign person or entity at the end of
your fiscal year that ended in calendar year 2014?
Yes – Continue with question II.
No – Complete item 2(a) or (b) or (c) or (e) on page 3. If your business has been liquidated or dissolved, complete (a) or (b).
Do not complete questions II, III or IV.
II Were more than 50 percent of the voting rights in this U.S. business enterprise owned by another U.S. affiliate, or was this U.S. business enterprise merged into another U.S. affiliate before the end of this U.S. business enterprise’s fiscal year that ended in calendar year 2014?
Note: U.S. affiliate is defined on page 4.
Yes – Continue with question III.
No – Skip to question IV.
III Will the data for this U.S. business enterprise be consolidated into the 2014 BE-15 report filed for the U.S. affiliate that owns it more than
50 percent, or be included on the 2014 BE-15 report filed for the U.S. affiliate into which it was merged?
Yes – Complete item 2d(1) or 2d(2) on page 3.
No – Contact BEA for guidance.
IV Did any one of the items – Total assets, Sales or gross operating revenues, or Net income (loss) – for the U.S. affiliate (not just the foreign
parent’s share) exceed $40 million at the end of, or for, its fiscal year that ended in calendar year 2014?
No – Complete items 1a through 1h. Do NOT complete
Yes – You are not eligible to file Form BE-15 Claim for Exemption and
page 3.
must file either a Form BE-15A, BE-15B, or BE-15C.
Copies of blank forms can be found at: www.bea.gov/fdi
BASIS OF CLAIM FOR EXEMPTION
Select ONE type of exemption -- either based on Value (#1 below) or based on one of the reasons listed under Other Exemptions
(#2 on page 3). Please check box corresponding to the type of exemption you are claiming.
0100
(1)
1 1
Exemption based on Value. Complete if item IV was "NO".
$ Bil.
Rounding – Report currency amounts in U.S. dollars rounded to thousands
(omitting 000). Do not enter amounts in the shaded portions of each line.
Example – If amount is $1,334,891.00 report as: .................................................................
$ Bil.
(a) Total assets at the close of the fiscal year that ended in calendar
year 2014 – Do not net out liabilities......................................................................
Mil.
1
Mil.
Thous.
335
Thous.
Dols.
000
Dols.
1
2109 000
1
(b) Sales or gross operating revenues for the fiscal year that ended in calendar
year 2014, excluding sales taxes – Do not give gross margin...............................
2149
(c) Net income (loss) for the fiscal year that ended in calendar year 2014, after
provision for U.S. Federal, state, and local income taxes. .....................................
2159
000
1
000
1 3
1
(d) Total liabilities at the close of the fiscal year that ended in
calendar year 2014................................................................................................
2114
Please check box
if total liabilities
are zero.
000
(e) Major product(s) or service(s) of the fully consolidated domestic U.S. affiliate – Briefly describe the major
product(s) and/or service(s) of the U.S. affiliate. If a product, also state what is done to it, i.e., whether it is
mined, manufactured, sold at wholesale, transported, packaged, etc. (For example, “manufacture widgets.”)
0
1163
(f)
Industry code of the fully consolidated domestic U.S. affiliate – Enter the 4-digit International Surveys
Industry(ISI) code of the industry with the largest sales or gross operating revenues. For a full explanation
of each code, see the Guide to Industry Classifications for International Surveys, 2012. A copy of this guide
can be found on our web site at: www.bea.gov/naics2012
ISI Code
1
--Select ISI CODE-1164
(g) Enter the country in which the foreign parent is incorporated or organized, if a business enterprise, or is resident, if an individual or government. The foreign parent is the FIRST person or entity outside the U.S. in a chain of ownership that has a 10 percent or more voting interest in this U.S. affiliate. See diagram on page 4 for an illustration of foreign parent. BEA USE ONLY
1
Country of foreign parent
--Select Country-(h)
3016
Enter the country in which the ultimate beneficial owner (UBO) is incorporated or organized, if a business enterprise, or is resident, if an individual or government. The UBO is that person or entity, proceeding up the ownership chain
beginning with and including the foreign parent, that is not more than 50 percent owned or controlled by another person
BEA USE ONLY
or entity. See diagram on page 4 for an illustration of UBO.
1
Country of UBO
--Select Country-FORM BE-15 Claim For Exemption (REV 1/2014)
3022
Page 2
Check ONE box corresponding to the type of exemption you are claiming.
This U.S. business enterprise is exempt from filing a Form BE-15A, BE-15B, or BE-15C because:
(2) Other exemptions (check box below)
0170 1 1
(a) This U.S. business enterprise was a U.S. affiliate of a foreign person or entity at some time during calendar year 2014, but ceased to
be a U.S. affiliate before the end of the fiscal year that ended in calendar year 2014.
Give date foreign ownership ceased or went below 10 percent, or when the business was liquidated or dissolved.
Month
Day
mm/dd/yyyy
Year
7012 1
1 1
(b) 0110
This U.S. business enterprise was not a U.S. affiliate of a foreign person or entity at any time during calendar year 2014, but had
been a U.S. affiliate of a foreign person at some time before January 1, 2014.
Give date foreign ownership ceased or went below 10 percent, or when the business was liquidated or dissolved.
Month
Day
mm/dd/yyyy
Year
7010 1
0180 1 1
(c) This U.S. business enterprise is a U.S. affiliate of a foreign person or entity, but became a U.S. affiliate after the end of its fiscal year
that ended in calendar year 2014, or if a newly formed company, its first fiscal year did not or will not end until after the end of calendar year 2014.
Complete items (1) and (2).
(1) Give date when the U.S. business enterprise became a U.S. affiliate of a foreign person.
Month
Day
mm/dd/yyyy
Year
7013 1
(2) Give the ending date of the U.S. business enterprise’s fiscal year that ended in calendar year 2014. If a newly formed company,
give the ending date of the U.S. business enterprise’s first fiscal year. NOTE: For a newly formed company this must be a date
in calendar year 2015.
Month
mm/dd/yyyy
Day
Year
7014 1
(d) This U.S. business enterprise was controlled by a U.S. affiliate of a foreign person or entity during the fiscal year that ended in
calendar year 2014 and is (check appropriate box (1) or (2)):
0112 1 1
(1) Fully consolidated into the 2014 BE-15 report filed for that U.S. affiliate;
0112 2 1
(2) OR
Merged into, and included on the 2014 BE-15 report filed for, that U.S. affiliate.
On the lines below give the name, address, and BE-15 Identification Number of the U.S. affiliate into which this U.S. business
enterprise is fully consolidated or merged.
0120 Name
0
0130
Street or P.O. Box
0
0140
City
0
7011
BE-15 Identification Number
0
0141 State
0
0150 Zip Code
0
0190 1 1
(e)
Other – Specify and include reference to section of regulations or instructions on which claim is based – attach remarks
on a separate sheet if necessary.
7015
0
FORM BE-15 Claim For Exemption (REV 1/2014)
Page 3
Authority – This survey is being conducted under the International Investment and Trade in Services Survey Act (P.L. 94-472, 90 Stat. 2059,
22 U.S.C. 3101-3108, as amended), and the filing of reports is MANDATORY pursuant to Section 5(b)(2) of the Act (22 U.S.C. 3104). The
implementing regulations are contained in Title 15, CFR, Part 801.
Penalties – Whoever fails to report may be subject to a civil penalty of not less than $2,500, and not more than $25,000, and to injunctive
relief commanding such person to comply, or both. The civil penalties are subject to inflationary adjustments. Those adjustments are found
in 15 CFR 6.4. Whoever willfully fails to report shall be fined not more than $10,000 and, if an individual, may be imprisoned for not more
than one year, or both. Any officer, director, employee, or agent of any corporation who knowingly participates in such violation, upon
conviction, may be punished by a like fine, imprisonment, or both. (22 U.S.C. 3105)
Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information
displays a currently valid OMB Control Number. The control number for this survey is at the top of page 1.
Respondent Burden – Public reporting burden for this form is estimated to vary from 20 to 75 minutes per response, with an average of 1
hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to: Director, Bureau of Economic Analysis (BE-1), U.S. Department
of Commerce, Washington, DC 20230; and to the Office of Management and Budget, Paperwork Reduction Project 0608-0042, Washington,
DC 20503.
Confidentiality – The Act provides that your report to this Bureau is CONFIDENTIAL and may be used only for analytical or statistical
purposes. Without your prior written permission, the information filed in your report CANNOT be presented in a manner that allows it to be
individually identified. Your report CANNOT be used for purposes of taxation, investigation, or regulation. Copies retained in your files are
immune from legal process.
ILLUSTRATION OF FOREIGN PARENT AND ULTIMATE BENEFICIAL OWNER (UBO)
Foreign Company X
(UBO)
Foreign Company Y is the foreign
parent but it is not the UBO
because it is more than 50 percent
owned or controlled by Foreign
Company X. Foreign Company
X is the UBO.
>50 Percent
Foreign Company Y
(Foreign Parent)
Foreign
United States
10 to 100 Percent
U.S. affiliate A
Foreign Company Y directly owns
10 percent or more of the voting
rights of U.S. affiliate A.
U.S. affiliate B
U.S. affiliate B is indirectly owned
by Foreign Company Y through
U.S. affiliate A.
NOTE: In the illustration above, if Foreign Company Y does not have at least a 10 percent indirect voting interest in U.S. affiliate B, then U.S. affiliate B is exempt from filing Form BE-15. In addition, if U.S. affiliate A owns
more than 50 percent of U.S. affiliate B, then the data for U.S. affiliate B should be consolidated on the BE-15
report filed for U.S. affiliate A.
DEFINITIONS OF KEY TERMS
Affiliate means a business enterprise located in one country that is directly or indirectly owned or controlled by a person or entity of another
country to the extent of 10 percent or more of its voting stock for an incorporated business or an equivalent interest for an unincorporated
business, including a branch.
Direct investment means the ownership or control, directly or indirectly, by one person or entity of 10 percent or more of the voting securities
of an incorporated business enterprise or an equivalent interest in an unincorporated business enterprise.
U.S. affiliate means an affiliate located in the United States in which a foreign person or entity has a direct investment.
FORM BE-15 Claim For Exemption (REV 1/2014)
Page 4